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Maile v. Township of Muskoka Lakes

Location:

Muskoka/Parry Sound/Haliburton


Subject:

Residential Development, Severances


Court:

Ontario Municipal Board


Application/issue:

The applicant applied for three severances in order to sever and add to the abutting lot to create two additional lots. The application involved two parcels of land. The other property is a 34-acre rural lot, which is vacant and the Applicant has an existing cottage and sleeping cabin. The Township’s Committee of Adjustment allowed the severances subject to eight conditions. The applicant is appealing condition 7 which reads: “That either a minimum setback of 300 feet be imposed from the proposed southerly lot lines of Maile retained lot #1, Strivens retained lot #1, and Maile severed lot #2, or an area of this depth be rezoned Open Space (OS2), or lot lines be reconfigured to these points.”


Held:

Appeal allowed


Reasons:

The Board accepts that the lots which are the subject of Condition 7 are rural lots, as they are currently zoned, that they are neither physically nor functionally related to the water and are not, therefore waterfront lots. The Board finds that there is no conflict with the Provincial Policy Statement with the deletion of Condition 7, and that the subject lots comply with the Rural policy for both the District and Township Official Plan.


Document(s):


Collingwood

Orillia

Owen Sound

Sudbury

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